There are currently no federal legal requirements for paid sick leave. For companies subject to the Family and Medical Leave Act (FMLA), the Act does require unpaid sick leave. FMLA provides for up to 12 weeks of unpaid leave for certain medical situations for either the employee or a member of the employee's immediate family. In many instances paid leave under an employer’s paid time off (PTO) policy may be substituted for unpaid FMLA leave.

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months; have worked for at least 1,250 hours over the previous 12 months; and work at a location where at least 50 employees are employed by the employer within 75 miles.

Because federal law does not require sick leave, if an employee quits their job before using all of their sick leave, the employer is not obligated to pay the employee for that time—unless the employer’s policy or state or other law requires the employer to pay the employee for unused sick leave.

Some states, cities, and counties may have laws that require employers to provide employees with paid sick leave.

In Colorado, while there are no federal legal requirements for employers to provide paid sick leave, the Family and Medical Leave Act (FMLA) does mandate up to 12 weeks of unpaid leave for certain medical situations for the employee or their immediate family members. To be eligible for FMLA leave, employees must have worked for their employer for at least 12 months, have at least 1,250 hours of service over the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles. Although federal law does not require paid sick leave, Colorado has its own regulations. Under the Colorado Healthy Families and Workplaces Act (HFWA), which went into effect on January 1, 2021, employers in Colorado are required to provide paid sick leave to their employees. Employees earn one hour of paid sick leave for every 30 hours worked, up to a minimum of 48 hours per year. If an employee leaves their job, Colorado law does not require employers to pay out unused sick leave unless the employer's policy states otherwise.